CH282260 - Director disqualification:line of business SPOC role

Line of business SPOC role

  • Decide if case is appropriate for a referral to INSS to consider director disqualification
  • Ensure that case is suitable to disclose and identify the appropriate gateway – see disclosure routes below
  • Obtain Debt Data – referral form sent to Debt Management using mailbox insolvency, eisn (DM) {#}
  • Using the following naming convention yyymmdd_directorate_name of director_unique identifier i.e. 20190801_WMBC_B Smith_DD
  • Refer appropriate cases to INSS [email protected] {#} Act as contact for INSS in referral made
  • Maintain register of all referrals and outcomes
  • Provide feedback and consider education opportunities

Central SPOC role

  • Undertakes LoB SPOC role where no such SPOC exists
  • Maintains a comprehensive overall picture of all referrals made
  • Monitor all referrals made and provides assurance for process
  • Ensures all referrals made and dealt with promptly
  • Works with LoB SPOC’s to constantly review referral process
  • Ensure education opportunities are identified and acted upon

Further advice

For advice on potential referral, please refer to Insolvency Recovery

Or to your local business insolvency team – as appropriate- see below:

  • Business, Tax & Customs
  • Counter-Avoidance Insolvency and Debt team
  • Fraud Investigation Service – Proceeds of Crime
  • Individuals Small Business Compliance - Insolvency Civil Recovery Teams
  • WMBC Insolvency Support

Or if you are having difficulty contacting your local insolvency team you can contact the Insolvency Governance and Professionalism Team and they should be able to assist

Further information

Insolvency library

Disclosure

Section 18 of the CRCA places you under a strict duty not to disclose information held by HMRC in connection with its functions except in certain limited circumstances. Breach of this duty could leave you open to disciplinary action or prosecution for a criminal offence

Information may therefore only be disclosed to BEIS Insolvency Services through a legal gateway. The following gateways would normally be appropriate:

  • For the purposes of HMRC functions – Section 18 (2)(a)(i) Commissioners for Revenue & Customs Act 2005
  • Section 7(4) of the Company Directors Disqualification Act 1986
  • Section 241 of the Enterprise Act 2002

The appropriate disclosure route will be checked and verified on referral

Detailed guidance can be found in the disclosure helpcard

The Departments guidance on disclosure can be found in the Information Disclosure Guide. Specific insolvency disclosure guidance is detailed here

Further information about disclosure to BEIS Insolvency Services is detailed here